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Draft notice. These terms have been prepared in good faith but have not yet been reviewed by external counsel. We recommend customers obtain their own legal advice before signing up.

Terms of Service

Last updated: 1 May 2026

1. About us & acceptance of terms

Holiday Ocean 360 (the "Service") is operated by MA OCEAN GROUP LTD, a company registered in England and Wales (company number 17120150) with its registered office at 128 City Road, London, EC1V 2NX, United Kingdom ("we", "us", "our").

By accessing or using the Service you ("Customer", "you") agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, you must not use the Service.

2. The Service

The Service is a cloud-based leave management platform supplied on a subscription basis. The Service is a software tool only. We are not your employer, payroll provider, employer of record, professional adviser, or HR consultant. You are solely responsible for the lawful conduct of your employment relationships, including all decisions about leave, absence, deductions, and pay.

3. Account registration & security

To use the Service you must create an account with accurate and complete information and keep it up to date. You are responsible for maintaining the confidentiality of credentials, for all activity under your account, and for promptly notifying us of any unauthorised access. We may suspend accounts where we reasonably believe a security or compliance issue exists.

4. Customer responsibilities & warranties

You acknowledge and warrant that:

  • You are the data controller of all personal data uploaded to the Service relating to your workforce. We act as a data processor on your instructions (see our Data Processing Agreement).
  • You have a lawful basis under UK GDPR / GDPR Art. 6 (and where relevant Art. 9) to upload, store, and process the personal data you put into the Service, including any special category data such as sickness, religion-related leave, or medical certificates.
  • You have provided your employees with a compliant privacy notice that names us as a sub-processor and describes the processing performed by the Service.
  • You hold all necessary consents, contractual rights, statutory grounds, and works-council / collective approvals required in your jurisdiction.
  • The data you upload (leave entitlements, balances, deduction inputs, salary references, attendance, holiday calendars) is accurate and complete. We are not responsible for outputs derived from inaccurate inputs you provide or import.
  • You will respond to any data subject access requests, deletion requests, or regulator enquiries received from your own employees or applicable authorities. We will support you on reasonable request, as set out in the DPA.
  • You will comply with all applicable employment laws, working-time rules, statutory leave entitlements, payroll regulations, and tax law in every territory where you operate.
  • You will not use the Service to commit fraud, withhold lawful entitlements from employees, or take any action that would be unlawful if performed manually.

You are responsible for the actions of every user you grant access to your tenant (HR admins, managers, employees) and for the consequences of any decisions taken using the Service.

5. Subscription, fees & billing

  • Subscription tiers, included usage, and prices are as published on our pricing page or as set out in your order form.
  • Paid subscriptions are billed in advance, monthly or annually, via Stripe. All fees are exclusive of VAT and other applicable taxes which will be added where required.
  • You may upgrade, downgrade, or cancel from your account at any time. Cancellations take effect at the end of the current billing period. Fees already paid are non-refundable except where required by law.
  • Failure to pay may result in suspension or termination of access. We will notify you before suspending for non-payment.

6. Data ownership & licence

You retain all rights, title, and interest in the content and personal data you submit to the Service ("Customer Data"). You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, and display Customer Data solely as necessary to provide, secure, support, and improve the Service in accordance with these Terms and the DPA.

7. Acceptable use

You agree not to, and not to permit any user to:

  • Use the Service in breach of any law, regulation, or third-party right;
  • Upload personal data you have no right to process;
  • Attempt to gain unauthorised access, probe, scan, or test the security of the Service;
  • Disrupt or interfere with the integrity or performance of the Service;
  • Reverse engineer, decompile, scrape, or copy the Service except as expressly permitted by law;
  • Re-sell, sub-license, or provide the Service to third parties as a managed offering without our written agreement.

8. Data location & sub-processors

The Service is currently hosted on AWS infrastructure in the United States (US East — N. Virginia). Where personal data is transferred from the UK or EEA to the United States, the transfer is governed by the UK International Data Transfer Addendum and the EU Standard Contractual Clauses where applicable, as further described in the DPA.

We plan to introduce regional hosting tiers based on customer location in the future. Until that is offered, by using the Service you consent to data being processed in the United States and you confirm you have informed your data subjects accordingly.

A current list of sub-processors (Railway, Cloudflare, Clerk, Resend, Stripe, AWS) is available in the DPA. We will give reasonable notice of material changes.

9. Service availability

We aim for high availability but do not guarantee uninterrupted access. Scheduled maintenance will be communicated where reasonably practicable. We are not liable for downtime caused by factors outside our reasonable control, including third-party providers, customer mis-configuration, or force majeure events.

10. Confidentiality

Each party will keep the other party's non-public information confidential and will use it only to perform under these Terms. This obligation continues for three years after termination.

11. Warranties & disclaimers

We warrant that the Service will be provided with reasonable skill and care. Except as expressly stated, the Service is provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

12. Indemnity

You will indemnify and hold us harmless from and against any claim, loss, fine, or liability arising from: (a) your breach of these Terms or the DPA; (b) any claim by your employee, regulator, or third party relating to your use of the Service, your decisions taken using outputs of the Service, your data accuracy, or your compliance with employment, tax, or data protection law; (c) any inaccurate or unlawful data you upload to the Service.

13. Limitation of liability

To the fullest extent permitted by law:

  • Neither party is liable for indirect, incidental, special, consequential, or punitive damages, lost profits, lost revenue, or loss of data;
  • Our total aggregate liability arising out of or relating to these Terms in any 12-month period will not exceed the fees paid by you to us in the 12 months preceding the event giving rise to the claim;
  • Nothing in these Terms limits liability that cannot be limited under applicable law (including death, personal injury caused by negligence, or fraud).

14. Termination

Either party may terminate for material breach not cured within 30 days of written notice. We may suspend access immediately for security, legal, or non-payment reasons. On termination you may export your data within 30 days, after which we will delete or anonymise Customer Data in line with the DPA, except where retention is legally required.

15. Changes to the Terms

We may update these Terms from time to time. Material changes will be notified by email or in-app at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

16. Governing law & jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any disputes, except that we may bring proceedings to enforce our intellectual property rights or recover unpaid fees in any competent court.

17. Notices & contact

Legal notices should be sent in writing to: MA OCEAN GROUP LTD, 128 City Road, London, EC1V 2NX, United Kingdom, or by email to support@maocean360.com.